Allen Park charter proposed; neighboring Dearborn seethes
Late in the spring of 1956, it was announced that voters in the village of Allen Park were in favor of drafting an official charter which would result in the creation of a Commission of Public Safety, paving the way for the village to become a city. The city idea had begun in February, 1956 with 178 village residents signing the initial petition to move the idea forward. The boundaries for the new city had included an additional 738 acres to the north that were outside the village proper and were unpopulated as part of Ecorse Township. Population of the township in its last stage had fallen to 22,711; in comparison, Allen Park Village had 12,292 residents within its current boundaries.
The adjacent city of Dearborn, helmed by controversial Mayor Orville Hubbard (left) would begin to make inroads to disrupt Allen Park’s potential incorporation after learning of complaints filed by Ford Motor Company and the Detroit, Toledo & Ironton (DT&I) railroad, who had legal title to half of the 738 acre land parcel proposed for acquisition.
On May 1, 1956, the Wayne County Board of Supervisors (WCBS) announced a special election date of July 16 for the village residents. Within a short period of time, the city of Dearborn would file suit against the Village of Allen Park, aiming to halt the special election.
Ford and DT&I joined Dearborn as the plaintiffs, with the defendants listed as both Allen Park and Ecorse Township, along with their respective municipal clerks.
The plaintiffs demanded annulment of the WCBS declaration while threatening a restraining order. On May 23, the defendants would respond by filing a motion to dismiss the annulment, indicating the WCBS proclamation could not be challenged or questioned in any proceeding based on the petition’s sufficiency and legality.
A trial would be held and, upon its conclusion, the trial judge (unnamed) would side with the defendants. The judge’s opinion would state in part:
“I am likewise constrained to and do hold that in the village of Allen Park, being wholly within the township of Ecorse, the signers of the petition were not only residents of the village but likewise were residents of the township for the purpose of the question in dispute… I feel that the petitions merely containing all signatures from the village carry a dual purpose and conform to legal requirements.”
The decree was issued July 23, and was immediately appealed by the plaintiffs. They would state the WCBS “had no jurisdiction” to approve the petition, that the petition was doomed due to law, and that proper requests for annexation (referring to the 738 acre parcel) had not been filed with each individual defendant. Citing precedence from a recent case (Presque Isle v. Rogers Township), the court responding by indicating Allen Park’s additional land acquisition would be constituted as a new incorporation, and not consolidation or annexation. The court held in its opinion that, “… Only those living within the affected area can petition for the incorporation and vote for or against the resolution.” Additionally noting that the required 1% of area residents had legally signed the petition, the court in essence gave WCBS the authority to proceed with their actions.
The plaintiffs would respond one more time, claiming their constitutional rights had been violated in the process. The court responded with the assertion that such a claim had not been previously raised in the lower court system; therefore, such a claim would be considered “too late” to invoke going forward.
With that, the court’s decree was officially upheld, and the path to cityhood for the Allen Park territory would proceed as scheduled. The charter would officially be drafted along with the creation of a Commission of Public Safety in the spring of 1957.
- William L. Mills
Original pub.: William L. Mills Papers
From Wikipedia (Orville Hubbard pic.)